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January 27, 1999

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To wear or not to wear...

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The Centre's recent recommendation that the Delhi state government exempt women pillion riders from wearing helmets has reopened the controversy over religious sentiments versus safety.

Professor Dinesh Mohan of the Indian Institute of Technology's transport research and injury prevention programme said, "All courts in the world, including some in India, have ruled that the compulsory use of helmets violates no constitutional or personal right to freedom."

But Delhi Akali Dal chief Avtar Singh said that since wearing headgear other than a turban is forbidden for Sikhs, a law that makes it compulsory for men or women to wear helmets is an encroachment on their right to practise what their faith preaches.

But police and experts are stressing the safety aspect. Deputy Commissioner of Police (Traffic) Mukund Upadhyay points to last year's accident data to show that death figures were much higher in cases where pillion riders weren't wearing helmets.

"Undoubtedly, a good helmet if worn properly is a life-saver," he said.

Substantiating the police viewpoint, Prof Mohan said, "Motorcyclists and pillion passengers are five to ten times more accident-prone than those using four-wheelers."

"Insofar as safety is concerned, a helmet is the only protective 'device' available to motorcyclists and pillion riders. That is why the formulators of the Motor Vehicles Act, 1989, made wearing helmets compulsory for all two-wheeler riders," he said.

But Jathedar Onkar Singh Thapar, who is a member of the Khalsa Tricentenary Committee set up by the prime minister, says strict adherence to the basic tenets of the religion is the core of Sikhism.

"Today Sikhs do not wear helmets in Western countries as they have won legal battles there," he claimed.

But an expert speaking on condition of anonymity said that while Sikh men are exempted from wearing helmets in the United Kingdom, Canada, the United States and Australia, the law is not relaxed for women.

"I do not think in those countries the law was relaxed out of a consideration for religious sentiments. Sikh men were probably exempted because it was not practical for them to wear helmets," he said.

"Since the religious law permits no Sikh man to wear headgear other than the turban, I question if there is really any such limitation for a Sikh woman," he said.

H S Hanspal, former member of Parliament and now president of the Namdhari Durbar, says clear guidelines are articulated in the Sikh scriptures.

"There is an oft-quoted verse -- Hoye Sikh sir topi dhare, saat janam kushti hoye mare (cursed be the Sikh who wears a cap)."

But the expert says it is not justified to deny a woman her right to life. "All women should raise their voice against such a relaxation as chances of death of an accident victim are reduced by 30 per cent if he or she is wearing a helmet."

UNI

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